AIR 2001 SUPREME COURT 2182 ::2001 AIR SCW 1797 ::2001 AIR - Kant. H. C. R. 2670 ::(2002) RevDec 44 ::(2001) WLC(SC)CVL 478 ::(2001) ILR (Kant) 4386 ::2001 (4) SCC 322 ::(2001) 3 Scale 468 ::2001 (2) All CJ 1126 ::(2001) 45 All LR 747 ::2001 (2) ICC 60 ::(2002) 1 JCR 145 (SC) ::2001 (2) RajLW 247 ::(2001) 1 UC 643 ::(2001) 3 Supreme 443 ::2001 (2) JT (Supp) 403 ::2001 (5) SRJ 328

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): D. P. Mohapatra, Shivaraj V. Patil , JJ

Civil P.C. (5 of 1908) , O.39 R.1— Injunction suit - Cause of action - Plaintiff claiming to be owner of property seeking to restrain defendant from interfering with his possession and enjoyment over suit property - Defendant clearly denied of encroaching on portion of plaintiff land for constructing a building - Question arises whether defendant while constructing building, had encroached upon portion of suit land - Report of commissioner showed that defendant had not encroached on any portion of land of plaintiff - Other evidence on record clearly showed that plaintiff failed to prove that defendant had encroached on suit land - Suit fails for want of cause of action - Plaintiff not entitled to relief of injunction. R.F.A. No. 96 of 1993, D/- 19-3-1999 (Kant), Reversed. (Para 10)